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Ordinance No. 757 - Juvenile Loitering ViolationsORDINANCE NO. 757 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA RELATING TO CITATIONS ISSUED TO JUVENILES, JUVENILE LOITERING VIOLATIONS, AND AMENDING THE ROSEMEAD MUNICIPAL CODE The City Council of the City of Rosemead DOES ORDAIN as follows: Section 1. Title 1, Chapter 2, Section 1200 of the Rosemead Municipal Code is hereby amended by adding a new Section D, to read as follows: 1200(a) Violation - Penalty 111200(a). Notwithstanding any other provision of this Code, when a person under the age of 18 years is charged with a violation of this Code, and a peace officer issues a notice to appear in Superior Court to that minor, the charge shall be deemed an infraction unless the minor requests that a petition be filed under section 601 or 602 of the Welfare and Institutions Code. The amount of the fine imposed shall be set by the court." Section 2. Title 4, Chapter 1 of the Rosemead Municipal Code is hereby amended by adding thereto new Section 4143(a) to • read as follows: 114143(a) Daytime Loitering by Minors. It is unlawful for any minor under the age of eighteen years, who is subject to compulsory education or to compulsory ORDINANCE NO. 757 1 continuation education to loiter, idle, wander, or be in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places, public buildings, places of amusement and eating places, vacant lots or any unsupervised place during the hours of 8:30 a.m. and 1:30 p.m. on days when school is in session. This section does not apply: A. When the minor is accompanied by his or her parent, guardian, or other adult person having the care or custody of the minor; or B. When the minor is on an emergency errand directed by his or her parent or guardian or other adult person having care or custody of the minor; or • C. When the minor is going or coming directly from or to their place of gainful employment or to or from a medical appointment; or D. To students who have permission to leave school campus for lunch or school related activity and have in their possession a valid, school issued, off- campus permit. E. When the minor is an "emancipated minor" as • that term is described in Family Code §7002. ORDINANCE NO. 757 2 Section 3. The City Council finds that there has recently been a large increase in crimes, including violent crimes, committed by juveniles in the Southern California area, as well as throughout the nation. The City Council further finds that the increased juvenile crime activity is partly attributable to truancy in our local schools. School authorities lack the resources to adequately address the behavior of some juveniles once they leave school grounds. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the i validity of the remaining portions of this ordinance. The City Council of the City of Rosemead hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, phrase or portion may be declared invalid or unconstitutional. Section 5. The Mayor shall sign and the City Clerk shall 0 certify to the passage and adoption of this ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect thirty (30) days after its final passage. ORDINANCE NO. 757 3 APPROVED AND ADOPTED this 22nd day of August , 199 5 . ATTEST: Nancy alde rams, City Clerk City of Rosemead, California I hereby certify that the foregoing Ordinance No. 757 was duly introduced at a regulat meeting of the City Council on the 25th day of July, 1995, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 22nd day of August, 1995, by the following vote, to wit: YES: Clark, Taylor, Vasquez, Bruesch, Imperial NO: None ABSENT: None ABSTAIN: None • Nancy Valderrama, City Clerk • ORDINANCE NO. 757 4